EB-1A Extraordinary Ability
Must be able to demonstrate extraordinary ability in the sciences arts, education, business or athletics through sustained national or international acclaim.
Must be able to meet at least 3 of the 10 listed criteria, or provide evidence of a one-time achievement such as an Academy Award, Nobel Prize, Pulitzer Prize, Olympic Medal, etc. and give evidence that you will be continuing to work in the area of expertise. No job offer or labor certification is required.
Criteria for extraordinary ability
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
EB-1B Outstanding Professors and Researchers
Must demonstrated international recognition for outstanding achievements in a particular academic field. Must have three years experience in teaching or research in the area. Must be entering the United States in order to pursue a tenure or tenure track or comparable research position at university, institute of higher learning or private employer. Must have 2 of 6 listed criteria and employment offer. A private employer must employ at least three researchers. No labor certification required.
Criteria for outstanding professors and researchers
- Evidence of receipt of major prizes or awards for outstanding achievement
- Evidence of membership in associations that require their members to demonstrate outstanding achievement
- Evidence of published material in professional publications written by others about the alien’s work in the academic field
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Evidence of original scientific or scholarly research contributions in the field
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
EB-1C International Managers and Executives
Must have been employed outside the United States for one year in the last three for the petitioning employer. The US petitioner must have been doing business for one year and have a qualifying relationship to the entity you worked for outside the United States and you must have been employed in a managerial or executive capacity and must be coming to the United States in a managerial or executive capacity. No labor certification is required.
In all of these categories, the spouse and unmarried children under the age of 21 are included in the application.
EB-1 vs EB-2 & EB-3 Visa
Side by side comparison of Employment options in U.S.
• Aliens with extraordinary ability in the sciences, arts, education, business, or athletics
• Outstanding professors and researchers
• Certain multinational managers and executives
|• Aliens with advanced degree|
• Exceptional ability
• National Interest Waiver
• Skilled worker
• Non-skilled worker
|ADVANTAGES||• Permanent residence within relatively short time|
• Spouse and unmarried children under 21 are included in permanent residency.
|• Generally faster attainment of permanent residence relative to the EB-3 category;|
• National Interest Waiver Beneficiary does not require sponsorship from a U.S. employer, and may apply on his or her own behalf
|• Permanent residency in the United States;|
• Your derivatives such as your spouse and unmarried children under the age of 21 years old will be eligible for the permanent residency;
• EB-3 Visa requirements are less strict than any other permanent immigrant visa
|ABILITY TO SPONSOR YOURSELF||Yes, aliens with extraordinary ability||Yes, National Interest Waiver||No|
|LABOR CERTIFICATION||No||Yes (Except National Interest Waiver)||Yes (Full time or permanent job offer)|
|BENEFICIARY||Spouse and unmarried children 21 yrs old or younger||Spouse and unmarried children 21 yrs old or younger||Spouse and unmarried children 21 yrs old or younger|
|CAN YOUR DERIVATIVE WORK?||Yes, the spouse can work after EAD approval||Yes, the spouse can work after EAD approval||Yes, the spouse can work after EAD approval|
|CAN YOUR DERIVATIVE ATTEND SCHOOL/UNIVERSITY?||Yes||Yes||Yes|
|EMPLOYMENT FOR APPLICANT||Immediately upon entry||Immediately upon entry||Immediately upon entry|
|PROCESSING TIME*||Avg. 8 months||Usually 6 months||from 3 to 8 months|
|VISA ISSUED EACH FISCAL YEAR||28.6%||28.6%||28.6%|
|PREMIUM PROCESSING||Available, even if the petition is outside U.S. (except multinational managers and executives)||Available (Except NIW)||Available|
NOTE: Content of this website is subject to change. The material here is general in nature and should not be construed as legal advice. If you are considering any type of U.S. Visa, please consult Lawmaks or other competent U.S. Immigration Attorney prior to making any arrangements.